A. On February 6, 2009, the Defendant lent KRW 325 million to C, and completed the registration of creation of a mortgage over KRW 494 million with the maximum debt amount to the Bupyeong-gu Incheon E Apartment-gu 111 Dong 304 (hereinafter “instant apartment”) owned D as security.

B. On April 10, 2013, the Plaintiff entered into a lease contract with D as the lease deposit amount of KRW 30 million with respect to the instant apartment, from April 12, 2013 to April 11, 2015, and completed the move-in report on the instant apartment on April 11, 2013, along with F, the following day.

C. On July 2, 2013, upon filing a request for auction to exercise the Defendant’s security right, an auction procedure for the instant apartment was commenced on July 2, 2013. The Plaintiff, as a small lessee, filed a report on the right and demand for distribution, but the entire amount of KRW 319,275,608 to be distributed to the Defendant on June 3, 2014 was distributed to the Defendant, objection was raised against KRW 20 million out of the said amount.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a small lessee of the amount of KRW 20 million among the lease deposit, who has completed a move-in report prior to the commencement of the auction by leasing the apartment of this case from D and resided therein, and is entitled to receive dividends in preference to the Defendant.

B. On December 10, 2010, the Plaintiff purchased G Apartment No. 308 Dong 1003 (hereinafter “G apartment”) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and resided until June 18, 2012, and filed a move-in report with Dong F and Dong Jae-gu, Seocheon-gu, 209 Dong-gu, 801 on June 19, 2012, and one year has not passed since it leased the apartment of this case, which was established with the maximum debt amount exceeding the market price on April 10, 2013, and thereafter the decision to commence the auction was rendered only three months, and the licensed real estate agent I arranged for the lease of this case, had the power of mediating the most lease, and the auction procedure was conducted against the above H apartment, the immediately preceding residence of the Plaintiff.